Top Class Actions  |  June 3, 2019

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

whole foods health ade kombucha

Health-Ade and Whole Foods have agreed to pay almost $4 million to resolve claims that their kombucha beverages are mislabeled as being non-alcoholic.

The settlement will benefit individuals who purchased certain Health-Ade Kombucha beverages between March 6, 2014 and May 24, 2019.

Flavors eligible under the settlement include Beet, Blood Orange-Carrot-Ginger, California Grape, Cayenne Cleanse, Ginger-Lemon, Holiday Cheers, Jalapeño-Kiwi-Cucumber, Maca-Berry, Matcha + Cold Brew Coffee, The Original, Pink Lady Apple, Plum, Pomegranate, Power Greens, Reishi-Chocolate, and Sweet Thorn.

Plaintiff Gabriela Bayol filed her class action lawsuit against Health-Ade LLC and Whole Foods Market California Inc. in March 2018. Later, the suit was amended to add plaintiff Bruce Verbeck.

Bayol and Verbeck claimed that Health-Ade Kombucha beverages contained more alcohol and sugar than their labeling stated.

According to the Whole Foods class action lawsuit, the beverages contained more than 0.5 percent alcohol by volume. This reportedly exceeds the limits allowed in non-alcoholic beverages, as determined by federal law.

The plaintiffs also claimed that the beverages’ false labeling was a violation of the California Consumer Legal Remedies Act (CLRA), California’s Unfair Competition Law (UCL), and California’s False Advertising Law.

The Whole Foods kombucha class action also included claims of breach of express warranty, breach of implied warranty of merchantability, negligent misrepresentation, fraud, and unjust enrichment.

In March 2019, it was announced that Health-Ade and Whole Foods would settle the claims against them in a $3,997,500 deal. The companies do not admit any wrongdoing by settling the case.

The settlement will award $4 per bottle of Health-Ade Kombucha purchased to consumers who file a valid claim.

If Class Members provide proof of purchase with their Claim Form, they may be eligible to collect up to $80. If Class Members do not provide proof of purchase, they may be eligible to collect up to $40.

In order to receive payment, Class Members need to submit a valid claim by Aug. 27, 2019.

The deadline for exclusion and objection is Aug. 27, 2019. The final approval hearing, during which the court will make a decision about the fairness of the settlement, is scheduled for Oct. 11, 2019.

Who’s Eligible

Individuals who purchased certain Health-Ade Kombucha beverages between March 6, 2014 and May 24, 2019. Eligible products include kombucha beverages in the following flavors: Beet, Blood Orange-Carrot-Ginger, California Grape, Cayenne Cleanse, Ginger-Lemon, Holiday Cheers, Jalapeño-Kiwi-Cucumber, Maca-Berry, Matcha + Cold Brew Coffee, The Original, Pink Lady Apple, Plum, Pomegranate, Power Greens, Reishi-Chocolate, and Sweet Thorn.

Potential Award

Up to $80.

$4 per bottle of kombucha purchased. Up to $80 with proof of purchase and up to $40 without proof of purchase.

Proof of Purchase

Not required for claims up to $40. However, Class Members who can provide documentation that proves the purchase of eligible Health-Ade Kombucha beverages may receive up to $80.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

8/27/2019

Case Name

Bayol, et al. v. Health-Ade LLC, et al., Case No. 3:18-cv-01462 MMC, in the U.S. District Court for the Northern District of California

Final Hearing

10/11/2019

UPDATE: The Whole Foods, Health-Ade Kombucha Class Action Settlement was granted final approval on October 11, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On Feb. 3, 2020, Top Class Actions viewers started receiving checks in the mail worth $24.92 from the Whole Foods kombucha class action settlement. Congratulations to everyone who filed a claim and got PAID!

Settlement Website
Claims Administrator

Bayol, et al. v. Health-Ade LLC, et al.
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
(866) 742-4955
info@rg2claims.com

Class Counsel

L. Timothy Fisher
Yeremey Krivoshey
BURSOR & FISHER PA

Defense Counsel

Robert J. Herrington
Michael S. Neighbors
GREENBERG TRAURIG LLP

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120 thoughts onWhole Foods, Health-Ade Kombucha Class Action Settlement

  1. Margie Farwell says:

    We take care of a selection of injury instances, so call
    us now if you have any questions.

  2. Serg says:

    i had my check decline yesterday 2/15 when i tried to cashing it

  3. Kim Phinnessee says:

    Thanks alot I got 24.92!!!!??

  4. Geraldine says:

    Got my check in the mail for $24.92

  5. Robert L Jordan says:

    I received a check for 24.45 Feb 6 ty open class action lawsuits you been good to me received lots of checks thanks to my cousin who looked out for me…

  6. cole says:

    Check arrived out west……
    Washington State, 2/03/2020
    $24.92

  7. ANGELA FREENEY says:

    February 3 received a check for $24.92 & $9.98 thanks

  8. Margaret Hensley says:

    Got my check 24.92

  9. Kari says:

    Received a check today in IL for $24.91 thanks TCA :)

  10. Courtney says:

    Got mine! 24.91, Las Vegas

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.